The charge code 110-125.25 FB is New York shorthand for attempted murder in the second degree, a Class B violent felony that carries 5 to 25 years in state prison for a first offense. The “110” points to Penal Law § 110.00, the criminal attempt statute; “125.25” points to Penal Law § 125.25, murder in the second degree; and “FB” marks it as a Felony B. In plain terms, the charge accuses someone of trying to kill another person who survived.
What Each Part of the Code Means
Penal Law § 110.00 defines criminal attempt: a person is guilty when, “with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.”1New York State Senate. New York Penal Law 110.00 – Attempt to Commit a Crime Penal Law § 125.25 defines murder in the second degree, most commonly the intentional killing of another person.2New York State Senate. New York Penal Law 125.25 – Murder in the Second Degree Put the two together and you get attempted second-degree murder: intending to kill someone and acting on that intent, without the victim dying.
Completed murder in the second degree is a Class A-I felony. Under Penal Law § 110.05, an attempt to commit a Class A-I felony is graded one step lower, making it a Class B felony.3New York State Senate. New York Penal Law 110.05 – Attempt to Commit a Crime; Punishment That’s the “FB” in the code, and the violent felony designation drives the sentencing rules that follow.
What the Prosecution Has to Prove
Two elements must be established beyond a reasonable doubt: the defendant specifically intended to kill someone, and the defendant took action that went beyond planning.
Intent to Kill
Intent to kill is what separates this charge from an assault. The prosecution has to show the defendant meant to cause death, not merely to injure, frighten, or act recklessly. Confessions are rare, so intent is usually built from circumstances: the weapon used, where injuries landed on the body, statements made before or after the incident, and the overall context.2New York State Senate. New York Penal Law 125.25 – Murder in the Second Degree
Nearly all prosecutions here run under § 125.25(1), the intentional-killing subsection. Section 125.25 also covers depraved indifference and felony murder, but attempting those is a conceptual mismatch because attempt requires specific intent while those theories rest on recklessness or an underlying felony.
Conduct Beyond Preparation
Thoughts and plans aren’t crimes. Even buying a weapon, standing alone, generally isn’t. The prosecution has to show the defendant crossed from preparation into conduct that meaningfully moved toward the killing. Firing a gun at someone, stabbing them, or poisoning food clearly qualify. Closer cases, like driving to a victim’s home armed, are where trials often turn, and the question is whether the conduct as a whole shows commitment to going through with it.1New York State Senate. New York Penal Law 110.00 – Attempt to Commit a Crime
Prison Sentences by Criminal History
How much time a conviction carries depends heavily on prior record. New York treats violent felony offenders differently depending on whether this is a first, second, or third qualifying conviction.
First Violent Felony Offense
A first-time violent felony offender receives a determinate prison sentence of at least 5 years and up to 25 years.4New York State Senate. New York Penal Law 70.02 – Sentence of Imprisonment for a Violent Felony Offense Determinate means the judge picks a fixed number. Good-behavior credits can reduce actual time served, but the sentence itself is a single figure rather than a range.
Second Violent Felony Offender
A prior violent felony changes the math. A second violent felony offender convicted of a Class B violent felony gets an indeterminate sentence with a maximum of at least 12 years and up to 25 years, and the minimum is set at half the maximum.5New York State Senate. New York Penal Law 70.04 – Second Violent Felony Offender A 20-year maximum, for example, brings a 10-year minimum before parole eligibility.
Persistent Violent Felony Offender
Two or more prior violent felony convictions puts a defendant in the harshest tier. The court must impose an indeterminate sentence with a maximum of life imprisonment. For a Class B felony, the minimum is currently between 20 and 25 years; that floor drops to between 10 and 25 years effective September 1, 2027.6New York State Senate. New York Penal Law 70.08 – Persistent Violent Felony Offender A three-time offender could spend the rest of their life in prison.
Supervision After Release
The sentence doesn’t end at the prison gate. A Class B violent felony conviction carries a period of post-release supervision of two and one-half to five years.7Justia. New York Penal Law 70.45 – Determinate Sentence; Post-Release Supervision Conditions resemble parole: check-ins, travel restrictions, and other court-set requirements. Violations can send a person back to prison.
Fines and Restitution
For a non-drug felony, the court can impose a fine of up to $5,000, or double any financial gain from the crime, whichever is greater.8New York State Senate. New York Penal Law 80.00 – Fine for Felony Most attempted murder cases have no financial gain, so the $5,000 cap applies. Restitution to the victim for medical costs and lost income can also be ordered.
Plea Bargaining Limits
New York restricts how far prosecutors can reduce a violent felony charge in a plea deal. When the indictment charges a Class B violent felony that is also an armed felony, any plea must include at least a guilty plea to a Class C violent felony. When the Class B violent felony is not an armed felony, the minimum plea is a Class D violent felony.9New York State Senate. New York Criminal Procedure Law 220.10 – Plea Both the prosecutor and the judge must sign off. There is no realistic path to pleading this charge down to a misdemeanor; any negotiated outcome still carries violent felony consequences.
Defenses That Come Up Most Often
Lack of Intent to Kill
This is the most common and often the most effective defense. If the conduct was reckless or meant to injure rather than kill, the correct charge is assault, not attempted murder. A single punch in a fight sits far from firing a gun at someone’s head. Defense attorneys focus on the weapon, the location and severity of injuries, and statements suggesting death was not the goal.
Renunciation
Penal Law § 40.10 provides an affirmative defense of renunciation. A defendant who voluntarily and completely abandoned the criminal effort, and who took affirmative steps to prevent it if abandonment alone wouldn’t do so, can defeat the attempt charge.10New York State Senate. New York Penal Law 40.10 – Renunciation Defense The change of heart has to be genuine. Backing off because police showed up, the plan hit a snag, or the defendant wanted to try again later doesn’t qualify. The defendant carries the burden by a preponderance of the evidence, and the defense succeeds rarely.
Justification
Force in response to a reasonable belief in imminent deadly force can be justified. New York’s justification statutes require the belief to be objectively reasonable and the force used to be proportional. The defense is fact-intensive and can collapse if the defendant was the initial aggressor or had a safe chance to retreat.
Mistaken Identity
Eyewitness misidentification is a leading cause of wrongful convictions. The defense may put on alibi witnesses, attack lineup or photo array procedures, or highlight inconsistent descriptions. Surveillance footage and forensics make this harder to argue; chaotic scenes with poor lighting make it more viable.
Statute of Limitations
Completed second-degree murder, a Class A felony, has no statute of limitations.11New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions Attempted second-degree murder is graded one step lower as a Class B felony, and it’s not on the list of specific exceptions to the general felony rule. Under the general rule, most felonies must be prosecuted within five years of the offense, and that five-year clock applies here. Many people assume the deadline that applies to murder also applies to the attempt; it doesn’t.
Consequences Beyond Prison
Firearms
Federal law permanently bars anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition.12Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A Class B violent felony well exceeds that threshold. The bar applies nationwide regardless of state law, and violating it is a separate federal crime carrying up to 15 years.
Immigration
For non-citizens, the consequences are severe. Federal immigration law defines “aggravated felony” to include murder and any attempt to commit murder.13Legal Information Institute (LII) / Cornell Law School. 8 U.S. Code 1101(a)(43) – Aggravated Felony Definition An aggravated felony conviction triggers mandatory detention upon release from criminal custody, blocks eligibility for asylum, cancellation of removal, and voluntary departure, and creates permanent inadmissibility after deportation. Even lawful permanent residents with deep ties to the country face near-certain removal with almost no relief available.
Voting and Jury Service
In New York, a felony conviction suspends voting rights only during incarceration. Rights restore automatically on release, even during parole or post-release supervision.14New York State Senate. New York Election Law 5-106 – Registration of Voters Jury service is different: New York maintains a lifetime ban on jury service for anyone with a felony conviction.
Employment, Housing, and Licensing
A violent felony record creates obstacles that last decades. Background checks are routine in hiring, and a conviction for attempted murder is among the hardest records to work around. Landlords apply similar scrutiny. Professional licensing in fields like healthcare, law, real estate, education, and law enforcement typically requires a clean record or imposes heightened review and possible denial. New York has laws limiting how criminal history can be used against applicants, but those protections only stretch so far when the conviction is for attempted murder.